Step One. Arrest.

So you or your loved one has been arrested, booked and is in jail. At that point he or she has made that phone call to you.

A hundred questions are running through your mind, first of which: Why was he/she arrested? What do you do now?

Normally when someone is arrested is it because the police officer or other law enforcement officer (DPS, Game Warden), had “probable cause” to arrest.

Probable Cause to Arrest

To establish probable cause, police officers must be able to point to objective circumstances leading them to believe that a suspect committed a crime.

Judges, not police officers, have the last word on whether probable cause exists. A police officer may be sincere in believing that the facts establish probable cause. The judge is the gatekeeper to the probable cause.

If you think that there was no probable cause or that there was a wrongful arrest, Alex R. Hernandez Jr. usually files a motion to determine whether that arrest was lawful under the constitution.

Arrest Warrant

An arrest warrant is issued by the judge, normally by affidavit from law enforcement.

If you believe that there was a wrongful arrest call Alex R. Hernandez Jr. today.